[HISTORY: Adopted by the Mayor and Board of Aldermen of the
Town of Boonton 3-4-2013 by Ord. No. 4-2013.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former
Ch. A305, Cable Television Franchise, adopted 6-3-2002 by Ord. No.
8-2002.
For the purpose of this chapter, the terms defined above[1] shall have the meanings there indicated, and the following
additional terms shall have the following meanings:
That statute of the State of New Jersey relating to cable
television, known as the "Cable Television Act," N.J.S.A. 48:5A-1
et seq.
Cablevision's application for renewal of municipal consent,
which application is on file in the Town Clerk's office and is
incorporated herein by reference and made a part hereof, except as
modified, changed, limited or altered by this chapter.
The Board of Public Utilities of the State of New Jersey
or its successor agency.
CSC TKR, LLC, d/b/a Cablevision of Morris ("Cablevision"),
the grantee of rights under this chapter.
The Federal Communications Commission.
That federal statute relating to cable communications commonly
known as the "Cable Communications Policy Act of 1984," 47 U.S.C.
§ 521 et seq., and the Telecommunications Act of 1996, or as
those statutes may be amended.
Those federal regulations relating to cable television services,
47 CFR 76.1 et seq. (and, to the extent applicable, any other federal
rules and regulations relating to cable television, including, but
not limited to, those described in 47 CFR 76.3), or as such regulations
may be amended.
The installation of drop cable to a customer's premises
where the distance from the point of entry into the building being
served is less than 150 feet from the active cable television system
plant.
The State of New Jersey.
Those regulations of the State of New Jersey Board of Public
Utilities relating to cable television, N.J.A.C. 14:17-1.1 et seq.
and N.J.A.C. 14:18-1 et seq., or as such regulations may be amended.
The Mayor and Board of Aldermen of the Town of Boonton in
the County of Morris and the State of New Jersey.
[1]
Editor's Note: The "terms defined above" refers to terms
which are defined in the preamble to this ordinance, which is on file
in the Town offices.
A public hearing concerning the consent herein granted to Cablevision
was held after proper public notice pursuant to the terms and conditions
of the Act. Said hearing having been held and fully open to the public,
and the municipality having received all comments regarding the qualifications
of Cablevision to receive this consent, the Town hereby finds that
Cablevision possesses the necessary legal, technical, character, financial
and other qualifications to support municipal consent and that Cablevision's
operating and construction arrangements are adequate and feasible.
The Town hereby grants to Cablevision its nonexclusive consent
to place in, upon, along, across, above, over, and under its highways,
streets, alleys, sidewalks, public ways, and public places in the
municipality poles, wires, cables, and fixtures necessary for the
maintenance and operation in the Town of a cable television system
or other communications facility and for the provision of any communication
service over such system as may be authorized by federal or state
regulatory agencies. Operation and construction, pursuant to said
consent, is conditioned upon prior approval of the Board of Public
Utilities.
This consent granted herein shall be nonexclusive and shall
be for a term of 10 years from the date of issuance of a certificate
of approval by the Board.
If Cablevision seeks successive consent, it shall, prior to
the expiration of this consent, apply for a municipal consent and
certificate of approval in accordance with N.J.S.A. 48:5A-16 and applicable
state and federal rules and regulations. In accordance with N.J.S.A.
48:5A-25.1, both the Town and Cablevision shall be bound by the terms
of this municipal consent until such time as Cablevision converts
the municipal consent (and any certificate of approval) into a system-wide
franchise.
The consent granted under this chapter to Cablevision shall
apply to the entirety of the Town and any property hereafter annexed.
Cablevision shall be required to proffer video programming service
along any public right-of-way to any person's residence within
the portion of the franchise territory, as described in the application
for municipal consent, at Cablevision's schedule of rates for
standard and nonstandard installation.
Cablevision shall extend service along any public right-of-way
outside its service area to those residences within the franchise
territory which are located in areas that have a residential density
of 25 homes per mile or greater, or areas with fewer than 25 homes
per mile where residents agree to share the costs of such extension
in accordance with the line extension formula as provided by the company
in its application for municipal consent.
Pursuant to the terms and conditions of the Cable Television
Act, Cablevision shall pay to the Town, as an annual franchise fee,
a sum equal to 2% of the actual gross revenues received from all recurring
charges in the nature of subscription fees paid by subscribers for
its cable television reception services in the Town. In the event
that applicable law hereinafter permits a larger franchise fee to
be collected, but does not fix the amount thereof, the Town and Cablevision
shall negotiate in good faith with respect to the amount thereof.
A.
Cablevision shall provide, free of charge, one standard installation
and monthly cable television reception services to all public libraries,
as well as to police and municipal buildings located within the Town.
B.
Upon written request from the Town, the company shall provide to
state and locally accredited elementary and secondary schools and
municipal public libraries in the Town, without charge, the following:
1) one standard installation per school or library; 2) one cable modem
per installation; and 3) basic cable modem service for the term of
this chapter for each installation. This offer shall be subject to
the terms, conditions and use policies of the company, as those policies
may exist from time to time.
Cablevision shall perform construction and installation of its
plant and facilities in accordance with applicable state and federal
law. The company shall be subject to the following additional construction
requirements with respect to the installation of its plant and facilities
in the Town:
A.
In the event that the company or its agents shall disturb any pavement,
street surfaces, sidewalks, driveways or other surfaces, the company
shall, at its sole expense, restore and replace such disturbances
in as good a condition as existed prior to the commencement of said
work.
B.
If, at any time during the period of this consent, the municipalities
shall alter or change the grade of any street, alley or other way
or place, the company, upon reasonable notice by the Town, shall remove
or relocate its equipment at its own expense.
C.
Upon request of a person holding a building or moving permit issued
by the Town, the company shall temporarily move or remove appropriate
parts of its facilities so as to permit the moving or erection of
buildings or for the performance of other work. The expense of any
such temporary removal or relocation shall be paid in advance to the
company by the person requesting the same. In such cases, the company
shall be given not less than 14 days' prior written notice in order
to arrange for the changes required.
D.
During the exercise of its rights and privileges under this consent,
the company shall have the authority to trim trees upon and overhanging
streets, alleys, sidewalks and public places in the Town so as to
prevent the branches of such trees from coming in contact with the
wires, cables, conduits and fixtures of the company. Such trimming
shall be only to the extent necessary to maintain proper clearance
for the company's facilities.
Cablevision shall comply with the technical and customer service
standards established for the cable industry under applicable federal
and state laws, rules and regulations.
Cablevision shall establish and maintain during the entire term
of this consent a local area business office or agent for the purpose
of receiving, investigating and resolving complaints regarding the
quality of service, equipment malfunctions and similar matters. Said
office shall be open daily during normal business hours, and in no
event less than 9:00 a.m. to 5:00 p.m., Monday through Friday, with
the exception of holidays.
The Office of Cable Television is hereby designated as the complaint
officer for the Town pursuant to the provisions of N.J.S.A. 48:5A-26,
and any complaints by local subscribers to cable television reception
or service shall be filed directly with the said office. All complaints
shall be reviewed and processed in accordance with N.J.A.C. 14:17-6.5.
Cablevision agrees to maintain and keep in force and effect
at its sole cost at all times during the term of this consent sufficient
liability insurance naming the Town as an additional insured and insuring
against loss by any such claim, suit, judgment, execution or demand
in the minimum amounts of $500,000 for bodily injury or death to one
person and $1,000,000 for bodily injury or death resulting from any
one accident or occurrence stemming from or arising out of the company's
exercise of its rights hereunder.
Upon the effective date of this franchise, Cablevision shall
obtain and maintain, at its sole cost and expense, during the entire
term of this agreement, a bond to the Town in the amount of $25,000.
Such bond shall be to insure the faithful performance of its obligations
as provided in this franchise.
The rates of the company shall be subject to regulation as permitted
by federal and state law.
Cablevision shall be required to have the capability to override
the audio portion of the system in order to permit the broadcasting
of emergency messages by the Town pursuant to state and federal requirements.
The company shall in no way be held liable for any injury suffered
by the Town or any other person during an emergency if for any reason
the municipality is unable to make full use of the cable television
system as contemplated herein. The Town shall utilize the state-approved
procedures for such emergency uses.
A.
In the event that a nonfranchised multichannel video programmer provides
service to residents of the Town, Cablevision shall have a right to
request franchise amendments to this chapter that relieve Cablevision
of regulatory burdens that create a competitive disadvantage to the
company. In requesting amendments, Cablevision shall file with the
Board of Public Utilities a petition for approval in accordance with
N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7 seeking to amend the ordinance.
Such petition shall: i) indicate the presence of a nonfranchised competitor;
ii) identify the basis for Cablevision's belief that certain
provisions of this franchise place it at a competitive disadvantage;
and iii) identify the regulatory burdens to be amended or repealed
in order to eliminate the competitive disadvantage. The Town shall
not unreasonably withhold or object to granting the company's
petition and so amending the ordinance, subject to a petition to the
Board of Public Utilities as provided for in accordance with N.J.S.A.
48:5A-47 and N.J.A.C. 14:17-6.7.
B.
If the parties are unable to reach an agreement on appropriate amendments
to the franchise, the Town acknowledges that Cablevision shall have
the right to petition the Board directly for such amendments in accordance
with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7; provided, however,
that the Town shall be under no obligation to support Cablevision's
request for such relief from the Board.
C.
In any subsequent municipal consent, the Town shall require, at a
minimum, the same terms and conditions of any other provider of multichannel
video programming subject to the Town's regulatory authority
as those contained in the instant consent. In the event that such
subsequent consent does not contain the same terms and conditions
as the instant consent, the Town agrees to support Cablevision's
petition to the Board for modification of the consent in accordance
with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7 to relieve Cablevision
of competitive disadvantages identified in Cablevision's petition.
Upon expiration, termination or revocation of this chapter,
Cablevision, at its sole cost and expense and upon direction of the
Board, shall remove the cables and appurtenant devices constructed
or maintained in connection with the services authorized herein, unless
Cablevision or its affiliated entities or assignees should, within
six months after such expiration, termination or revocation, obtain
certification from the FCC to operate an open video system or any
other federal or state certification to provide telecommunications.
A.
Cablevision shall continue to make available noncommercial public,
educational and governmental (PEG) access services available to the
Town and its residents as described in the application for municipal
consent. All Cablevision support for PEG access shall be for the exclusive
benefit of Cablevision's subscribers.
B.
The Town agrees that Cablevision shall retain the right to use the
PEG access channel, or portion thereof, for non-PEG access programming
during times when the Town is not utilizing the channel for purposes
of providing PEG access programming. In the event that the company
uses said PEG access channel for the presentation of such other programming,
the PEG programming shall remain the priority use, and the company's
rights with respect to using the channel for non-PEG programming shall
be subordinate to the Town's provision of PEG access programming
on such channel.
C.
Cablevision shall have the discretion to determine the format and method of transmission of the PEG access programming provided for in this § A305-21.
D.
Cablevision shall provide the Town with a PEG grant of up to $12,000,
payable as follows: 1) an initial grant payment of $3,000 within 90
days of the issuance of the certificate of approval by the Board of
Public Utilities (the "initial grant"); and 2) a grant of $9,000 provided
in annual installments of $1,000, upon written request by the Town
(the "annual grant"). The annual grant shall be payable to the Town
within 90 days from receipt of the Town's written request. Cablevision
shall not be obligated to make any additional payments beyond year
10 of the franchise term.
E.
The Town agrees that the initial grant and the annual grant provided pursuant to Subsection D shall be used for the exclusive support of PEG access programming, such as the purchase and/or rental of PEG access equipment and facilities. On request, the Town shall provide Cablevision with certification of compliance with this § A305-21E.
F.
The company shall have no further obligation to provide any PEG grant
payments due and payable after the date upon which the company converts
the municipal consent granted herein to a system-wide franchise in
accordance with N.J.S.A. 48:5A-25.1.
All of the commitments contained in the application and any
amendment thereto submitted, in writing, to the Town by the company,
except as modified herein, are binding upon Cablevision as terms and
conditions of this consent. The application and any other writings
submitted by Cablevision in connection with this consent are incorporated
in this chapter by reference and made a part hereof, except as specifically
modified, changed, limited, or altered by this chapter, or to the
extent that they conflict with state and federal law.
This consent shall be construed in a manner consistent with
all applicable federal, state and local laws.
If any section, subsection, sentence, clause, phrase, or portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portion thereof.
Notices required under this chapter shall be in writing and
shall be mailed, first class, postage prepaid, to the address below.
Either party may change the place where notice is to be given by providing
such change in writing at least 30 days prior to the time such change
becomes effective. The time to respond to notices under this chapter
shall run from receipt of such written notice. Notices to the company
shall be mailed to:
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Cablevision Systems Corporation
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1111 Stewart Avenue
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Bethpage, NY 11714
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Attention: Vice President for Government/Public Affairs, New
Jersey
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With a copy to:
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CSC TKR, LLC d/b/a Cablevision of Morris
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1111 Stewart Avenue
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Bethpage, NY 11714
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Attention: Legal Department
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Notices to the Town shall be mailed to:
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Town of Boonton
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100 Washington Street
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Boonton, New Jersey 07005
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Attention: Town Administrator
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This chapter shall take effect upon issuance of a certificate
of approval, as issued by the Board of Public Utilities, that incorporates
the material terms of this chapter. Nothing herein shall alter the
right of the company to seek modification of this chapter in accordance
with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7.
